Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-8
ACCESS FOR INSPECTIONS
Operative Text
If any owner, property agent, occupant or other person in control of a rental residential property or a dwelling unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit under his control for any inspection pursuant to this chapter, the code official or his designee shall apply to the circuit court for an administrative search warrant or other appropriate court order authorizing such inspections. (2016 Code)
Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-8 establishes a process for situations where access to a rental property or dwelling unit is denied for a code inspection. When an owner, property agent, occupant, or other person in control refuses or fails to allow free entry, the code official does not simply abandon the inspection. Instead, the official is authorized to seek an administrative search warrant or other appropriate court order from a circuit court to compel access.
Plain English — not legal advice.
Under § 10-18-8, property owners and managers who oversee rental residential housing are generally expected to provide free access and entry when a code official requests an inspection pursuant to Chapter 18. Operators who decline or fail to respond to such requests may find that the code official pursues a court-authorized administrative search warrant, which can escalate what might have been a routine inspection into a formal legal proceeding. Compliant operators typically maintain clear communication channels and documented procedures for responding to inspection requests in a timely manner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 10-18-8 is relevant to occupants of rental units because it applies to anyone 'in control' of a dwelling, which can include tenants. If a tenant withholds consent for a Chapter 18 inspection, the code official may seek a court order to gain entry, meaning refusal does not necessarily prevent an inspection from occurring. Tenants who have questions about their rights regarding inspections — including notice requirements or the scope of an inspector's authority — may wish to consult a tenant-rights organization or review Berkeley Rent Stabilization Board resources for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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